CLMA® 20/20 Foresight Report Publisher End User License Agreement
THE FOLLOWING OUTLINES THE REPORT PURCHASE TERMS & CONDITIONS.
Your acceptance, use, display, reproduction of or reliance on any CLMA® 20/20 Foresight Report (the “Report”) produced by the Construction Industry Resources, LLC (the “Company”) using the Construction Labor Market Analyzer® (“CLMA®”) and other data sources, whether by purchase or complimentary access, grants to you a non-exclusive license to use the report and related documentation on the following terms, conditions, and compliance requirements:
1) License. You may: (a) use and (b) reproduce the Report in machine readable form solely for back-up purposes and (c) print and/or copy one or more pages of the Report for use within the same organization (not including subsidiaries) for which the report has been purchased or provided. Any use and/or reproductions must the Company and copyright notice and CLMA® proprietary legends. Any use or display of data from the Report, whether in part or in whole, for a speech, presentation, PowerPoint, written report, verbal report, bid or any other reason, whether for internal or external use must reference the CLMA® and the Report as the source of the data.
2) Restrictions. You may not distribute copies of one or more pages of the Report (including charts, graphs, tables and text content) in any manner except as provided for in Part 1 of this agreement, including, but not limited to, distribution through web site postings or links to the Company web site. The Report contains proprietary information, and as such you may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute or create derivative works based upon the Report or any part thereof. For avoidance of doubt and without limiting the foregoing, you may not modify, adapt, translate or otherwise change the Report or any part thereof so that new publications could be made without the use of the CLMA®. The License holder agrees that no portion of the Report or the information contained therein may be used in connection with any proxy, proxy statement, proxy soliciting material, prospectus, Securities Registration Statement or similar document without the express written consent of the Company.
3) Ownership. The Report is copyrighted by the Company. The Company retains the title, ownership and intellectual property rights for all CLMA®-related data in the Report and all subsequent copies regardless of the form or media. The Report is protected by the copyright laws of the United States and international copyright treaties. This License is not a sale of the CLMA®.
4) Termination. This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Report including any partial copies.
5) Disclaimer of Warranty. All data contained in the CLMA® and Report utilizes, inter alia, information provided to the CLMA® database by construction owners, contractors, unions and other labor providers for industrial capital, maintenance and turnaround projects within the United States; and other sources such as the Dodge Data & Analytics database, the U.S. Department of Commerce, the U.S. Department of Labor Bureau of Labor Statistics, etc. The Company has not independently verified the accuracy of the information used to create the Report and have not analyzed or rendered any independent judgment regarding such information. The Company does not warrant, guarantee or assure the accuracy of this Report or any information contained in it. The Company recommends that the License holder employ multiple sources of information rather than rely on any single source of information. All data contained herein, whether based on data from the CLMA® or obtained by the Company from other sources, is believed to be accurate and reliable. All forecasts and predictions contained herein are believed by the Company to be as accurate as the data and methodologies will allow. However, because of the possibilities of human and mechanical error, as well as other factors such as unforeseen and unforeseeable changes in political and economic circumstances beyond the Company’s control, the information herein is provided “as is” without warranty of any kind and the Company, and all third part providers make no representations or warranties’ express or implied to any License holder or any other person or entity as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any of the information or forecasts contained herein.
6) Limitation of Liability. The User agrees that the Company, and its officers, agents and employees shall have no liability (including but not limited to liability for special, indirect and/or consequential damages) arising from use of this Report whether arising in contract, tort, strict liability, or other theory of legal liability. The User agrees to defend and indemnify the Company, and their officers, agents and employees with respect to any such claim of liability. To the extent any court determines that, despite the limitation on liability contained in this Section 6, the Company is liable to the User for any reason, the User acknowledges and agrees that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from such liability on the part of the Company and therefore agrees that any damages suffered as a result of such liability shall not exceed the net purchase price of this Report.
7) General. You agree this is the complete agreement concerning this License. In order to amend this License, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Report. This License shall be governed by and construed in accordance with the laws of the State of Kentucky, without reference to its choice of law rules.; and, the parties irrevocably and unconditionally agree that the Circuit Courts of Fayette County, Kentucky and/or the United States District Court sitting in Lexington, Kentucky shall be the sole proper venue for the resolution of any dispute arising from or relating to this License or any other dispute between the parties. Should any provision of this License be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this License and shall not affect the remainder hereof. Instead of an invalid provision, a valid provision shall be deemed to be agreed which comes economically closest to what the parties intended; the same applies in the case of an omission. All rights in the Report not specifically granted in this License are reserved by the Company.
If you have any questions concerning this License contact: dgroves@myCLMA.com
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